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Correspondence with the Cambodian Government

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Correspondence with the Cambodian Government H U M A N “They Treat Us Like Animals” R I G H T S Mistreatment of Drug Users and “Undesirables” in Cambodia’s WATCH Drug Detention Centers “They Treat Us Like Animals” Mistreatment of Drug Users and “Undesirables” in Cambodia’s Drug Detention Centers Copyright © 2013 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-62313-0817 Cover design by Rafael Jimenez Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org DECEMBER 2013 978-1-62313-0817 “They Treat Us Like Animals” Mistreatment of Drug Users and “Undesirables” in Cambodia’s Drug Detention Centers Map 1: Closed Drug Detention Centers and the Planned National Center .............................. i Map 2: Current Drug Detention Centers in Cambodia .......................................................... ii Summary ........................................................................................................................... 1 Recommendations .............................................................................................................. 7 To the Government of Cambodia ............................................................................................... 7 To the Ministry of Health ........................................................................................................... 7 To the Government of Vietnam .................................................................................................. 7 To the Country Offices of United Nations Agencies and Cambodia’s Bilateral and Multilateral Donors .................................................................................................................................... 8 To Foreign Embassies and United Nations Agencies in Phnom Penh ......................................... 8 Methodology ...................................................................................................................... 9 I. Background .................................................................................................................... 11 Drug Users in Cambodia ......................................................................................................... 11 Drug Detention Centers ........................................................................................................... 14 II. Findings ....................................................................................................................... 21 Locking Away Cambodia’s “Undesirables” .............................................................................. 22 Cleaning the Streets of People Who Use Drugs .................................................................. 22 Detaining Other “Undesirable” People .............................................................................. 25 Street Sweeps for Foreign Dignitaries ............................................................................... 30 Physical and Sexual Abuse ..................................................................................................... 32 Forced Labor ........................................................................................................................... 36 III. International Legal Standards ......................................................................................41 Right to Health........................................................................................................................ 41 Arbitrary Arrest and Detention ................................................................................................. 42 Torture and Ill-Treatment in Custody ....................................................................................... 42 Detention of Children .............................................................................................................. 43 Detention of Persons with Disabilities ..................................................................................... 43 Forced Labor ........................................................................................................................... 44 Acknowledgements .......................................................................................................... 45 Annex 1: Correspondence with the Cambodian Government .............................................. 46 Annex 2: Correspondence with Vietnam’s Ministry of Foreign Affairs ................................ 53 MAP : CLOSED DRUG DETENTION CENTERS AND THE PLANNED NATIONAL CENTER Kampong Kantuot Choam Chao Kampong Cham “Youth Rehabilitation Center” “Youth Rehabilitation Center” Gendarme Center .N, .E .N, .E .N, .E Run by: Social Aairs Ministry Run by: Social Aairs Ministry Run by: Gendarmerie ! Phnom Penh ! ! ! ! Closed VIETNAM ! Planned Planned “National” Center .N, .E MAP : CURRENT DRUG DETENTION CENTERS IN CAMBODIA THAILAND Banteay Meanchey Banteay Meanchey Phnom Bak Center !! Gendarme Center . N, . ­E .N, . E Run by: Social Aairs Ministry CAMBODIA Run by: Gendarmerie Approximate capacity: ! Approximate capacity: ! ! Battambang Siem Reap Bavel Police Center Police Center . N, .­E . N, . ­E Run by: Police Run by: Police Approximate capacity: Approximate capacity: Phnom ! ! Penh Battambang Phnom Penh Gendarme Center Orgkas Khnom Center . N, . E . N, ­.­ ­E Run by: Gendarmerie Run by: Phnom Penh Municipality Approximate capacity: Approximate capacity: ­ ! VIETNAM Koh Kong Preah Sihanouk Military Center Gendarme Center . ­N, . E . ­N, . E Run by: Military Run by: Gendarmerie Approximate capacity: Approximate capacity: MAP : CURRENT DRUG DETENTION CENTERS IN CAMBODIA THAILAND Banteay Meanchey Banteay Meanchey Phnom Bak Center !! Gendarme Center . N, . ­E .N, . E Run by: Social Aairs Ministry CAMBODIA Run by: Gendarmerie Approximate capacity: ! Approximate capacity: ! ! Battambang Siem Reap Bavel Police Center Police Center . N, .­E . N, . ­E Run by: Police Run by: Police Approximate capacity: Approximate capacity: Phnom ! ! Penh Battambang Phnom Penh Gendarme Center Orgkas Khnom Center . N, . E . N, ­.­ ­E Run by: Gendarmerie Run by: Phnom Penh Municipality Approximate capacity: Approximate capacity: ­ ! VIETNAM Koh Kong Preah Sihanouk Military Center Gendarme Center . ­N, . E . ­N, . E Run by: Military Run by: Gendarmerie Approximate capacity: Approximate capacity: Summary Smonh is a slightly built, soft-spoken man in his mid-20s. When Human Rights Watch talked with him one evening in mid-2013, he was sitting quietly in a public park in Cambodia’s capital, Phnom Penh. He explained that he earns a living by collecting rubbish from the streets and selling it to traders for recycling. His life had recently changed considerably for the worse. Park guards picked him up in early November 2012, about two weeks before US President Barrack Obama arrived in Phnom Penh for the Association of Southeast Asian Nations (ASEAN) summit that began on November 19. Smonh wasn’t told why he was detained. He was put in a large truck that evening, along with a dozen other people—sex workers, beggars, and street kids. They were driven to a government facility on the outskirts of the city, Orgkas Khnom (“My Chance”), which is not a jail or prison but supposedly a place for people dependent on drugs to receive treatment and rehabilitation. Like many others in the truck, Smonh did not need drug treatment. He used to smoke the drug “ya ma”— methamphetamine—during his adolescence but he was proud that he had stopped using it four years ago of his “own free will.” He told Human Rights Watch that staff at the center beat and abused him as well as the other detainees. After a few weeks, he and several other detainees resolved to escape: “I could not stand the whippings,” he explained. They managed to break out of their sleeping quarters during the night, and some managed to escape over the external wall. But when Smonh could not clear the barbed wire on top of the external wall, a guard knocked him to the ground with a shock from an electric baton. Detainee guards then savagely beat him until he lost consciousness. The next day his punishment continued. They beat me like they were whipping a horse. A single whip takes off your skin. A guard said “I’m whipping you so you’ll learn the rules of the center!” … I just pleaded with them to stop beating me. I felt I wasn’t human any more. Smonh was detained for around three months. Although he had stopped using drugs long before his detention in Orgkas Khnom, he resumed drug use shortly after release: 1 HUMAN RIGHTS WATCH | DECEMBER
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